dog and divorce

My dog and divorce. (ok. cats too)

When I got married, my wife had a cat.  I love my wife but I don’t like cats.  Now we have a dog and ironically, the dog has bonded with my wife.  For many, issues relating to a dog and divorce (note – when I say dog, the same rules also apply to cats, horses, ferrets,[…]

Extracurricular

Extracurricular activities – Paying for baseball, dance, hockey, music, soccer . . .

Dance support, baseball support, hockey . . . The National Center for Education Statistics reports that students who participate in extracurricular activities have higher grade point averages, fewer unexcused absences and have higher expectations to continue in college.  Simply put, children who participate in extracurricular activities do better in school; Sounds like a no-brainer right? […]

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College Support

Every year thousands of Michigan children will start college for the first time and college support is an agreement to provide support for college expenses.  Unlike child support which typically ends when a child turns 18 and graduates high school, college support continues after graduation from high school (and after a child turns 18). There[…]

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The end of child support in Michigan

The end of child support in Michigan Everything comes to an end, including the obligation to pay child support.  Which begs the question, when is the end of child support in Michigan? The answer to the question is found in two Michigan laws, the Child Custody Act of 1970 and the Michigan Support and Parenting[…]

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Let’s make a deal – Child support agreement?

Although Michigan law requires child support to be paid in accordance with the Michigan Child Support Formula Manual, people often enter into a child support agreement that deviates from the formula.  In certain circumstances were application of the Michigan Child Support Formula Manual would be unjust or inappropriate, the parties, with approval of the court[…]

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Changes at the Oakland County divorce court

The Oakland County divorce court is changing.  Mandatory retirement, judicial appointments and elections in November will result in even more changes at Oakland County divorce court.  The Oakland County divorce court is made up of Judges from both circuit court and probate court.  These judges specialize in hearing family law cases such as divorce, custody,[…]

Divorce Arbitration

Arbitration and Michigan Divorce

In a Michigan divorce, the parties can agree to arbitration instead of trial. Arbitration is a form of alternative dispute resolution which is also referred to as ADR.  Arbitration is similar to mediation except the arbitrator can make a binding decision if the parties cannot agree on an issue. When parties mediate a divorce case,[…]

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How to hide assets in a divorce case.

Why hide assets in a divorce case?   The answer is simple, to prevent sharing the assets with your spouse. WARNING:  Do not hide assets in a divorce case!  –  “Don’t do the crime, if you can’t do the time” – Baretta.  Hiding assets in a divorce case may be illegal and the consequences will likely[…]

Security for support

Support security

Support security is important in Michigan divorce or child custody cases where child support or alimony (spousal support) payments are awarded.  The security provides protection in the event the person responsible for paying child support or alimony stops paying. Support security in cases of death When the person responsible for paying child support or alimony[…]

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Can you sue a Judge in Michigan?

Can you sue a Judge in Michigan?  Let’s face it, sometimes Judges get things wrong.  When they do, one option is to take an appeal, but can you sue a Judge in Michigan? The Michigan Court of Appeals is an intermediate higher court and can overturn a lower court’s decision when it makes an error[…]

Best Interest Factors

Michigan child custody law – the statutes

Michigan child custody law – the statutes. In this article we examine the most commonly cited statutes relating to Michigan child custody law. Sources of Michigan child custody law Michigan child custody law comes from four sources, statutes, precedent, court rules and English common law.  When the legislature passes a Michigan child custody law, the[…]

Child tax exemption

Child tax exemption and Michigan law.

Child tax exemption rules The rules for claiming a child tax exemption are complex.  Add a divorce or custody determination to the mix and the rules for claiming a child tax exemption can give even a seasoned tax professional a headache.   The first rule is that the child must be your qualifying child.  […]

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Is securing vaccination in a child’s best interest?

Like any parent with children there came a time where my wife and I discussed vaccination for our children was appropriate.  After all, every parent wants to protect their child from every possible risk and the information (or misinformation) regarding vaccination is all over the map.  When parents cannot agree on an issue, Michigan divorce and[…]

Divorce and health insurance

The responsibility to provide health insurance for kids.

Having health insurance for a minor child is smart.  In a Michigan divorce or child custody case providing health insurance is also a responsibility. Who is responsible to provide health insurance? The responsibility to provide health insurance for a minor child is provided in the Michigan Child Support Formula Manual (“MCSFM”) section 3.05(B) which provides[…]

Contempt of Court

Show Cause Hearing

Ever wonder how a court enforce’s its orders?  One answer is a show cause hearing.  A show cause hearing asks the question:  “Why shouldn’t the court hold you in contempt of court for violation of the court’s order?”   At a show cause hearing, the burden is placed on the person suspected of violating a[…]

Custody

Health care for kids

 No one plans on getting sick or hurt but it happens and kids are more likely to get sick or hurt than adults.  Frequent contacts at school, playgrounds coupled with an immature immune system can create a perfect storm.  Health care for kids is a necessity and not an option. The Michigan Child Support Formula[…]

Business value and divorce

The value of a business in divorce – part 2

In the  first part of this two part series on determining the value of a business in divorce we examined four definitions of value in a divorce.  The four definitions are Fair Market Value, Fair Value and Investment Value and Holders Interest Value. It does not matter if the business was started during the course[…]

Child support

Child support statute of limitations.

Child support statute of limitations Suppose a parent has not paid child support in 10 years, is the child support order still enforceable? The answer is found in the current child support statute of limitations law. Michigan compiled Laws section 600.5809(4) provides that the child support statute of limitations is 10 years from the date[…]

Marriage and divorce

Marriage is the chief cause of divorce

“Marriage is the chief cause of divorce.” The satirical title of this post, “Marriage is the chief cause of divorce” is credited to Julius Henry who is most commonly known as Groucho Marx the rapid fire comedian.  However, divorce is never funny. While marriage can be wonderful, it can also be problematic.  For many, marriage[…]

Waiting period

The statutory waiting period for a Michigan divorce

The Michigan divorce statutory waiting period The statutory waiting period for a Michigan divorce is dictated by statute.  The Law – Michigan Compiled Laws 552.9f (MCL 552.9f) The statutory waiting period for a Michigan divorce is found in Michigan Compiled Laws 552.9f.  MCL 552.9f provides that a Michigan divorce without a minor child must wait[…]

Dependent tax exemption

Dependent child exemption and support – Is it worth fight over?

Dependent child exemption and support – Is it worth fight over? A dependent child exemption reduces a taxpayer’s adjusted gross income leaving more money in the taxpayers pocket by ensuring that not all of your income is taxed.  In 2014, the value of a dependent child exemption is $3,950.00 per child.  That is real money.[…]

Business value and divorce

K-1 business income and support

K-1 business income in Michigan divorce, alimony and support cases. (c) 2015  Many tax returns contain schedules.  If your spouse has business income, then the income is reported on schedule K-1.  Schedule K-1 provides information regarding a business owner or partner’s share of income, deductions and credits.  Schedule k-1 business income is an Internal Revenue Service form that[…]

Finding hidden income

Finding hidden income in Michigan divorce and support cases. (c) 2015  Finding hidden would be easy if everyone put cash under the mattress.  The fact is, finding hidden income is sometimes hard.  Discovering hidden income can impact child support, spousal support (alimony) and property division.  Here are some simple techniques to discovering hidden income: Look at[…]

Divorce tricks

The top five dirty divorce tricks

   The top five dirty divorce tricks Divorce can be coupled with anger, jealousy and other deep emotional triggers.  These triggers can result in revengeful gamesmanship or greed.  Some spouses will use every trick in the book to win at all costs. 1.  Conflicting out top attorneys: It is important to hire a top attorney[…]

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The right to travel, passport confiscation and child support? 

Can a court take a passport to enforce child support?  The answer may surprise you. Every U.S. citizen has a fundamental right to travel.  The fundamental right to travel was first addressed by the Supreme Court in 1920 in the landmark case of United States v. Wheeler 254, U.S. 281 (1920) when the Court held[…]

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